The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1887-05-28
INTERSTATE LAW.
Chairman Cooley DEFINING Powers
Of the Commission
Upon Applications Of Railroads for tho sus-
pension Of the Long and Short Haul
Clause OF the Interstate
COmmerce Bll1.

pOrtant letter, dehnfng the powers OF the
Interstate commerce sommission IN cersa,n Tsa,,
= ~ WASHINGTON, MAY 1s, 1857. J.
J. Fl. Hanley, Trafiic Manager Minneapolis Il
Northwestern Railway Company:
DEAR 5IR-The commission is In receipt Of
telegram from YOU. by which M ya ySn urge urge the the
Il Affects, az certain points, the business Of the
oSst scsycy yGa Of Se roaG
being very seriously injured by the enforcement
OF that clause.
Of authority, and Without at the same time
causing mischief to other interests, the COM
mission would take great pleasure In granting
easy and simple does not seem to its members
to be so, and however anxious they nre that
your interests should not continue 70 suffer they
advisement still longer. Perhaps the delay en-
titles you to some further statement Of reasons
has s
brief summary will be sufiicient 70 satisfy you
that the commission does not act arbitrarily and
IL a remedy, both lawfully and safe could be
found within its power. The fourth section Of
the ''act to regulate commerce." as we oil very
well understand, was intended to establish the
general law that more should not be charged
for transportation for the shorter than for the
longer-haul over the same line IN the same
Railroad companies, including your own, had
before Its & IN many
ing for themselves whether the circumstances
and conditions authorized or required It, Con-
should thereafter preclude this greater charge
and in SO doing IT must be understood to have
determined that, in its Judgment and incl
dental injuries that might flow from the inforce-
ment OF the general rule would be more than
counterbalanced by resulting benefits.
Whatever opinion any member OF the commits
sion may have OF the correctness OF this deter
mination, It is Of no moment now, for the COM
mission is as much bound by IL as are the car
riers Of persons and property, and any question
nence. The commission, Of course, does not ex.
pect to question It,, but inforce It so far Us It
M wan s y g sre s ns
in which the public interest will be subserved
by suspending the general rule SO far as to ex-
mission viii not at this time, enter upon q
critical examination Of provisions which was
made for such suspension, but 1t may be useful
to call your attention to q few considerations
which are obvious on the face Of the law.
l. It Is obvious that the cases the law contem-
plates, in which the commission is authorized to
cases; that Is to say, cases where facts make
them stand apart from the ordinary case. The
act does no. define them; 4 does ,. not state
intends that those grounds In every case shall
be special and peculiar, and that, where only
eit to its general general course however serious
may be the consequences in particular cases
and to particular roads and interests.
9. It is also made plain by the act that any
order for suspension was Intended to be based
upon on Investigation, which would satisfy the
commission that the case was In fact exception
made for the relief The jurisdiction Of the
commission to make orders was evidently meant
to be somewhat closely restricted. The COM
mission, in its correspondence, is every day
made aware Of the prevalence. In some quar-
ters, of a vague notion that power has been con-
ierred upon It to interfere a1ywhers ana for
vent what 1t may think is likely to be harmful;
but you. of course, indulge no such baseless no
oa the on as You T e.; must
ideas of right or policy.
3. It must be assumed that Congress intended
the general law In its main feature at least, to
be permanent law for the country. 1t must,
therefore. have contemplated that considerable
sacrifices would necessarily be submitted to by
eral law was being established, for the reason
that It would be quite impossible to introduce
changes in az branch bra Of the law
the country without serious consequences to
some private interests. In nll such cases the
however Yer great they may be-
II the Legislature misiudges as to what the gen
| eral good demands, 1t is to be expected that in
TT The s frst questions to Confront the commits
sion upon its organization were raised under the
fourth section of the net. Gases In which COM
panies were charged more for the shorter hauls
than for the longer-haul over the same line in
| the same direction, were to be met with in all
| parts Of the country. The reasons for doing
| this were thought by the managers, In many
cases, to be absolutely imperative, and to con.
concern the interest ofthe public quite Us much
as that of the roads themselves. The interests
| which were involved in the continuance Of the
| custom were very great, and anticipation OF Sc
| rious injury from any sudden change was, in
some quarters quite general The commission,
II hnh md a IN
in support Of the corporate applications for re.
lief, from boards Of trade and other public or
| semi-publc bodies, and from representatives of
large business interests which feared or pro
fessed to fear, destruction or bankruptcy. In
many cases the appeals seemed to be made in
the belief that the probability Of injury was OF
itself q suficient warrant for the commission to
interfere and grant relieving order.
tits scarcely necessary to say to you that any
ability. or even the certainty that injury to cor.
porations or individuals will result, is not by
Itself, under the act any ground for suspen.
could not, in fact, be made q ground for relief
without giving the commission, such general
dispensing power as would not be consistent
with sound principles OF government. Congress
has not intlmated purpose to give such d
power. II the law In its general operation were
to prove generally and equally mischievous in
all directions. the commission instead of having
the greater power, for that reason would, on the
other hand have no power of suspension what
them be- mo- cases o
| upon and therefore no cases referred by tho oct
to its Judgment. But uniform effects were, Of
| course, MS fur from being possible as thcy wert
from being contemplated. There must, una will
be, exceptional cases. In the absence of an,
specification of these, In the uct itself, the com
mission was obliged to determine us best II
might, what case was probably in the mind O
Congress when the exceptional relief was pro
vided for. 1t also found itself confronted with
| the question whether In any particular case tht
| circumstances and conditions were SO far diner
| erent as to justify the greater charge for III,
| shorthnul, or whether, on the other hand, 1
was only upon and IN view OF such different cir
cumstances and conditions that the commission
| was empowered to act.
Upon these subjects the debate In Congress
| might be expected to throw some light but tn,
to look beyond the record. and TO seek such aii
In construction Us might be derived from
study Of the condition Of things pertaining Il
the transportation Of persons and prOpert,
!, | which Congress had undertaken to deal with.
The suspension authorized by the net was :
Il be ordered after investigation. This was plain
ly determined by the act itself. II the orde
was to have any hnality, It would be proper tina
the Investigations should AFFORD opportunity 10
hearing e parties ;s who ORpo,ssd US S wsli rs
| require considerable time In every case, an
| had the commission made no order except upo
full and final hearing, the majority Of applies
tions now on Its file would, up 10 this time hav
necessarily remained not acted upon.
II the applications were taken up In their Of
der, yours would have been among those nc
| yet reached. This fact IL mentioned rs shown
that the giving OF temporary relief In som
position than It would necessarily have occ'
| pied II the temporary orders had not bee
made. The commission, however, deemed
wise TO grant some temporary orders ON an Il
, finally 70 make. This was done in the belt
that no considerable mischief could follow fr0l